Case: EEOC v. AFG INDUSTRIES INC

2:04-cv-00364 | U.S. District Court for the Eastern District of Tennessee

Filed Date: Sept. 28, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On September 28, 2004, the Memphis and Nashville offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against AFG Industries, Inc. in the U.s. District Court for the Eastern District of Tennessee. The EEOC alleged that the defendants had violated the rights of the complainant by discharging him when he refused to work on a Saturday due to the fact that he was a practicing Seventh-Day Adventist.On December 28, 2004, the complainant intervened in the case as a p…

On September 28, 2004, the Memphis and Nashville offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against AFG Industries, Inc. in the U.s. District Court for the Eastern District of Tennessee. The EEOC alleged that the defendants had violated the rights of the complainant by discharging him when he refused to work on a Saturday due to the fact that he was a practicing Seventh-Day Adventist.

On December 28, 2004, the complainant intervened in the case as a plaintiff. On September 15, 2005, the parties entered into a consent decree, which the court adopted on September 29, 2005. Pursuant to the consent decree, the intervenor-plaintiff voluntarily dismissed his claims against the defendants. Under the terms of the decree, the defendants agreed to pay $65,000 in compensatory damages to the complainant and to expunge his employment record of any reference to the events surrounding this lawsuit. In addition, defendants agreed to provide 2 hours of employment discrimination awareness training to all supervisory and management personnel within 180 days of the consent decree. Oddly, even though the consent decree called for ongoing injunctive relief to last three years, the case was dismissed, on the parties' joint motion, a few days later.

In any event, more than three years has passed and no additional activity appears on the docket, so it is certainly now closed.

Summary Authors

Kristen Sagar (3/17/2008)

People


Judge(s)

Inman, Dennis H. (Tennessee)

Judge(s)

Inman, Dennis H. (Tennessee)

Documents in the Clearinghouse

Document

2:04-cv-00364

Docket [PACER]

EEOC v. AFG Industries Inc

Oct. 6, 2005

Oct. 6, 2005

Docket
1-1

2:04-cv-00364

Complaint

EEOC v. AFG Industries Inc

Sept. 28, 2004

Sept. 28, 2004

Complaint
13

2:04-cv-00364

Intervener's Complaint

EEOC v. AFG Industries Inc

Jan. 26, 2005

Jan. 26, 2005

Complaint
24

2:04-cv-00364

Consent Decree

EEOC and Johnson v. AFG Industries

Sept. 29, 2005

Sept. 29, 2005

Settlement Agreement

Resources

Docket

Last updated July 22, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against AFG Industries, Inc , filed by Plaintiff Equal Employment Opportunity Commission. Summons NOT ISSUED. (Attachments: # 1 Civil Cover Sheet)(KDO) (Entered: 09/29/2004)

Sept. 28, 2004

Sept. 28, 2004

2

NOTICE of Appearance by Michele L Coffman, Glenn T McColpin on behalf of Terry R Johnson (Attachments: # 1 Affidavit of Mitchell A Tyner)(RLC, ) (Entered: 12/14/2004)

Dec. 13, 2004

Dec. 13, 2004

3

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. AFG Industries, Inc waiver sent on 11/23/2004, answer due 1/24/2005. (RLC, ) (Entered: 12/21/2004)

Dec. 15, 2004

Dec. 15, 2004

4

MOTION to Strike Intervening Complaint by AFG Industries, Inc. (Attachments: # 1 Memorandum In Support of Defendant's Motion to Strike Intervening Complaint# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(Steel, Laura) (Entered: 12/28/2004)

Dec. 28, 2004

Dec. 28, 2004

5

CERTIFICATE OF CORPORATE INTEREST. (Steel, Laura) (Entered: 12/28/2004)

Dec. 28, 2004

Dec. 28, 2004

6

ORDER denying as irrelevant 4 Motion to Strike the intervening complaint, in accordance with this order . Signed by Judge Dennis H Inman on 12/29/2004. (RLC, ) (Entered: 12/29/2004)

Dec. 29, 2004

Dec. 29, 2004

7

MOTION for Leave to Appear Pro Hac Vice by Terry R Johnson. (Coffman, Michele) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

8

MOTION to Intervene by Terry R Johnson. (Coffman, Michele) (Entered: 01/13/2005)

Jan. 13, 2005

Jan. 13, 2005

9

ORDER denying 7 Motion for Leave to Appear Pro Hac Vice for Mitchell A. Tyner, Esq. Signed by Judge Dennis H Inman on 1/14/2005. (RLC, ) (Entered: 01/14/2005)

Jan. 14, 2005

Jan. 14, 2005

10

ANSWER to Complaint with Jury Demand by AFG Industries, Inc.(Steel, Laura) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

11

ORDER granting 8 Motion to Intervene by Terry R. Johnson. The Court would once again point out that Mitchell A Tyner, Esq., one of Mr. Johnson's attorneys, has yet been admitted pro hac vice, and must do so before further appearing in this case. Signed by Judge Dennis H Inman on 1/26/2005. (RLC, ) (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

First Intervenor COMPLAINT, filed by Terry R Johnson.(Coffman, Michele) DOCUMENT [12] NOT SIGNED - REFILED AND PDF DELETED - Modified on 1/26/2005 (RLC, ). (Entered: 01/26/2005)

Jan. 26, 2005

Jan. 26, 2005

14

NOTICE of Hearing: Scheduling Conference set for 3/3/2005 09:00 AM before Honorable J Ronnie Greer. (Attachments: # 1 Notice of Availability of Magistrate Judge# 2 Sample Scheduling Order)(EBM, ) (Entered: 01/28/2005)

Jan. 28, 2005

Jan. 28, 2005

MOTION for Leave to Appear Pro Hac Vice by Terry R Johnson. (Attachments: # (1))(Coffman, Michele) INCORRECT DOCUMENT FILED - REFILED AND PDF DELETED - Modified on 2/8/2005 (RLC, ). (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

MOTION for Leave to Appear by Terry R Johnson. (Coffman, Michele) DOCUMENT [16] INCORRECTLY FILED - REFILED AND PDF DELETED - Modified on 2/8/2005 (RLC, ). (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

17

MOTION for Leave to Appear by Terry R Johnson. (Attachments: # 1)(Coffman, Michele) (Entered: 02/08/2005)

Feb. 8, 2005

Feb. 8, 2005

Filing fee for pro hac vice appearance for Mitchell A Tyner received: $ 60.00, receipt number 14081 (FMM, ) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

18

ORDER granting 17 Motion for Leave to Appear Pro Hac Vice for Mitchell A. Tyner, Esq. Signed by Judge Dennis H Inman on 2/10/2005. (RLC, ) (Entered: 02/10/2005)

Feb. 10, 2005

Feb. 10, 2005

19

ANSWER to Intervenor Complaint by AFG Industries, Inc.(Steel, Laura) (Entered: 02/14/2005)

Feb. 14, 2005

Feb. 14, 2005

20

REPORT of Rule 26(f) Planning Meeting. (Ramsey, Sally) (Entered: 02/23/2005)

Feb. 23, 2005

Feb. 23, 2005

Minute Entry : Scheduling Conference held on 3/3/2005. (EBM, ) (Entered: 03/03/2005)

March 3, 2005

March 3, 2005

21

SCHEDULING ORDER: Jury Trial set for 4 days on 2/21/2006 at 09:00 AM in Courtroom 400 before Honorable J Ronnie Greer. Final Pretrial Conference set for 2/2/2006 at 09:00 AM before Honorable J Ronnie Greer. Dispositive Motions due by 10/21/2005. All motions in limine and objections must be filed by 1/17/2006, with responses due by 1/19/2006. Utilization of mediation deadline is 12/21/2005.Signed by Judge J Ronnie Greer on 3/3/2005. (RLC, ) (Entered: 03/03/2005)

March 3, 2005

March 3, 2005

22

Agreed Proposed Order (Consent Decree) by AFG Industries, Inc. (Steel, Laura) (Entered: 09/15/2005)

Sept. 15, 2005

Sept. 15, 2005

23

REPORT of Mediation from Robert Murrian, Mediator stating that case settled at mediation.(EBM, ) (Entered: 09/19/2005)

Sept. 19, 2005

Sept. 19, 2005

24

CONSENT DECREE: In compromise and settlement of these disputed claims, Defendant agrees to pay $65,000.00 compensatory damages to Terry R. Johnson. The payment is not an admission of liability by AFG. Each parties shall bear its own costs and attorneys fees.Signed by Judge J Ronnie Greer on 9/29/2005. (RLC, ) (Entered: 09/29/2005)

Sept. 29, 2005

Sept. 29, 2005

25

SUPPLEMENT Agreed Order to Dismiss by Terry R Johnson. (Woods, Rebecca) (Entered: 10/04/2005)

Oct. 4, 2005

Oct. 4, 2005

Case Details

State / Territory: Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 28, 2004

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

AFG Industries, Inc. (Kingsport, Tennessee), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 65000

Order Duration: 2005 - 2008

Content of Injunction:

Expungement of Employment Record

Provide antidiscrimination training

Discrimination Prohibition

Retaliation Prohibition

Issues

General:

Disparate Treatment

Discrimination-area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit